[HISTORY: Adopted by the Board of Commissioners
of the Borough of Collingswood as indicated in article histories.
Amendments noted where applicable.]
[Adopted 8-16-1971 by Ord. No. 662 as Ch. 47 of the 1971
Code]
No person, except as provided herein, shall
canvass, solicit, distribute circulars or other matter or call from
door to door or place to place in the Borough of Collingswood without
first registering with the Chief of Police or, in his absence, the
officer in charge of the Police Department.
As used in this article, the following terms
shall have the meanings indicated:
Includes itinerant vendors of merchandise who shall go from
door to door in this borough, selling, causing to be sold, offering
for sale or taking orders for present or future delivery of merchandise
of any description whatever. Merchandise, within the terms of this
article, shall include magazines, periodicals, books and orders or
contracts for a service, home improvement or alterations. For the
purpose of this article, a "canvasser" or "solicitor" shall also be
deemed to be one who is not in the business of selling goods but one
who makes surveys for research purposes, analysis, opinion polls,
rating data and any such similar work which, by its nature, involves
a door-to-door or place-to-place activity, and shall include persons
going from door to door or place to place for the purpose of soliciting
contributions, donations or alms for any persons or organization.
The purpose of this article is to prevent fraud,
crime and unethical and dishonest business practices for the general
protection, health and welfare of the residents of the Borough of
Collingswood.
Each registrant shall, at the time of registering,
file with the Chief of Police an application, in writing, which shall
give the following information:
A.
The name, age and physical description of applicant.
B.
The complete permanent home and local address of applicant.
C.
The name and address of the organization or person
for whom solicitation is being made.
D.
A description of the nature of the business and the
goods, services or wares to be sold and sufficient information to
determine whether or not the business he is to transact is interstate
or intrastate commerce.
E.
Two photographs of the applicant, which shall be approximately
1 1/2 inches by 2 1/2 inches in size, showing the head and
shoulders of the applicant in a clear and distinguishing manner.[1]
[1]
Editor's Note: Original § 47-4F,
regarding days, dates and routes, which immediately followed this
subsection, was repealed 2-18-1975 by Ord. No. 698.
F.
A statement as to whether or not the applicant has
been convicted of a crime, misdemeanor or disorderly conduct offense,
where and when so convicted, the nature of the offense and the penalty,
if any.
G.
The make, model, year, color and license plate number
of automobiles used by the applicant during the period of solicitation
within the borough and the number of his driver's license and the
state of issuance.
A separate registration must be made for every
solicitor, agent or employee soliciting within the Borough limits.
[Amended 2-18-1975 by Ord. No. 698]
Each registrant, upon being so registered, shall
be issued forthwith a registration certificate by the Chief of Police,
upon which shall be affixed one photograph of the applicant, signed
by the Chief of Police so that part of his signature covers part of
the photograph.
[Amended 2-18-1975 by Ord. No. 698]
Each registrant shall carry the original certificate
at all times when in the borough and shall exhibit it to any citizen
or police officer upon request.[1]
[1]
Editor's Note: Original § 47-8,
Disapproval of application; hearing, which immediately followed this
section, was repealed 2-18-1975 by Ord. No. 698.
Every person to whom a registration certificate
is issued under the terms of this article shall be governed by the
following rules and regulations:
A.
All circulars, samples or other matter shall be handed
to an occupant of the property or left in a secure place on the premises.
B.
No person subject to the provisions of this article
shall canvass, solicit or distribute circulars or other matter except
during the hours of 9:00 a.m. and 5:00 p.m., Monday through Saturdays.
C.
No person subject to the terms of this article shall
enter or attempt to enter the house or apartment of any resident in
the Borough of Collingswood without an express invitation from the
occupant of the house or apartment.
D.
No person subject to the terms of this article shall
conduct himself in such a manner as to become objectionable to or
annoy any person while soliciting within the borough limits.
E.
No person subject to this article shall make any solicitation
within the borough limits where solicitors are notified by sign that
soliciting is prohibited.
A.
Any person, organization or society or association of a charitable, religious, patriotic, philanthropic or community nature, desiring to solicit or have solicited in its name money, property or financial assistance for which no merchandise, wares or services are required shall be exempt from § 123-4 of this article, provided that there is filed with the Chief of Police an application, in writing, giving the following information:
B.
Each solicitor for such organization, society or association
shall carry proper identification and shall display the same upon
request.
[Amended 8-15-1994 by Ord. No. 1058]
Any person violating the terms of this article,
whether as an individual, principal or agent or employee of another,
shall, upon conviction in the Municipal Court of the Borough of Collingswood,
be subject to a fine not to exceed $1,000, imprisonment in the county
jail not to exceed 90 days or a period of community service not to
exceed 90 days, or any combination thereof, in the discretion of the
Municipal Court.
[Adopted 6-2-2008 by Ord. No. 1447]
The Borough of Collingswood shall permit organizations, as such
are defined in N.J.S.A. 45:17A-20, to solicit contributions in roadways
located in the Borough of Collingswood in accordance with the provisions
contained herein.
All charitable organizations as defined in N.J.S.A. 45:17A-20
who desire to solicit contributions in roadways located in the Borough
of Collingswood shall file an application for a permit with the Police
Department on a form prepared by the Borough, which shall include
the following information:
A.
Name, address, telephone number and name of contact person.
B.
Specific location or locations of proposed charitable solicitation.
C.
Dates and times of proposed charitable solicitation.
D.
A description of the manner in which the motorist solicitation will
be conducted.
E.
Consent by an authorized representative of the charitable organization
that it shall comply with any conditions imposed by the Borough of
Collingswood during the time that the solicitation is conducted.
Upon filing of a complete application in accordance with the
provisions of this Ordinance, following review by the Borough Chief
of Police, his designee and/or the Borough Administrator, the Police
Chief shall be authorized to grant or deny the applicant's request.
In the event the applicant's request is granted, a permit shall
be issued to the applicant which shall be subject to the representations
contained in the applicant's application and any conditions imposed
by the Police Chief and/or Borough Administrator.
The Police Chief, following consultation with the Borough Administrator
and the Borough's insurer, shall be authorized to impose conditions
for the motorist solicitation.
Any organization requesting authorization from the Borough of
Collingswood for solicitation shall comply with all of the terms and
conditions of N.J.S.A. 39:4-60, by P.L. 1997, Chapter 82, approved
April 30, 1997, and any procedures required by the Borough of Collingswood.
Organizations must adhere to the following conditions:
A.
All participants must wear orange or yellow safety vests while soliciting
in the roadway.
B.
Participants in the roadways must be at least 16 years of age and
be accompanied by an adult.
C.
Adequate adult supervision is required.
D.
Organizations or groups must be based in the Borough and the solicitation
must benefit or promote a Collingswood activity.
E.
Solicitations can only be conducted between the hours of 8: a.m.
and 3:00 p.m.
G.
Solicitation activities shall not impede vehicular or pedestrian
traffic.
